The Lehigh County District Attorney's Office confirmed Tuesday that it is appealing a county judge's decision to throw out most charges against a Maryland truck driver accused of causing a fatal wreck on Route 222 in Upper Macungie.

Oliver F. Savage, 56, had been charged with vehicular homicide, involuntary manslaughter and related crimes stemming from a Feb. 10 crash that killed 77-year-old James Knappenberger of Breinigsville.

Following a pretrial hearing last month, Judge William E. Ford dismissed most of the charges, finding that Savage had not acted recklessly, as defined by law, when the tractor-trailer he was driving rear-ended Knappenberger's minivan, which was stopped in a line of vehicles at a red light.

In his opinion, Ford noted that there was no evidence that Savage was driving drowsy, was using a cell phone or was intoxicated. He said he also found no evidence that Savage was speeding or driving erratically before the crash.

"There is no evidence even inferring that defendant consciously disregarded a known risk when he collided with Mr. Knappenberger's vehicle," Ford wrote.

Prosecutors on Tuesday confirmed that they are appealing the ruling to the state Superior Court, but declined to offer more details. Savage's attorney, Deputy Public Defender Carol Marciano, did not immediately return a phone call seeking comment.

Savage remains free on his own recognizance pending the outcome of the appeal.

The crash occurred around 9:30 a.m. near the Newtown Road intersection. Savage told police he was driving between 35 and 40 mph and did not see the stopped traffic until it was too late.

According to police records, Savage told them he stomped on his brakes in a panic, and steered right. The front driver's side of the truck hit the back passenger side of Knappenberger's van, forcing it into oncoming southbound traffic, where a second tractor-trailer hit it. That tractor-trailer then went down an embankment.

Knappenberger was pronounced dead at the scene.

After the crash, Savage was upset and told responding officers, "It's all my fault, I did this," according to court records.

Following a hearing in October, Ford dismissed all the felony and misdemeanor counts against Savage. The truck driver still faces three summary counts of speeding, careless driving and following too closely.

In the order dismissing the more serious charges, Ford called the crash "tragic," but pointed to case law that said Savage should not have been charged with causing Knappenberger's death: "Not every violation of the law or unlawful act committed while operating a motor vehicle will render the driver criminally liable for a death resulting from an accident in which the vehicle was involved."